National
‘Don’t Ask, Don’t Tell’ comes to an end
Burden on gay, lesbian service members lifted Tuesday
An estimated 2 million U.S. service members were trained on gay-related issues in the run-up to next Tuesday’s lifting of the military’s gay ban. (Washington Blade file photo by Michael Key)
As gay and lesbian troops await the end of the 18-year-old ban on openly gay service members on Tuesday, observers say the change will have significant impact beyond the military.
“Don’t Ask, Don’t Tell” will finally be lifted from the books thanks to the certification of repeal that President Obama, Defense Secretary Leon Panetta and Chairman of the Joint Chiefs of Staff Adm. Mike Mullen sent to Congress on July 22. In accordance with the repeal law that President Obama signed in December, certification started a 60-day timeclock for the end of the ban on Sept. 20.
Aaron Belkin, author of “How We Won,” a book on the lessons learned for progressive causes resulting from “Don’t Ask, Don’t Tell” repeal, said the end of the military’s gay ban represents the end of what he called the “political paranoia” that led to the institution of the law in 1993.
“Just abstracting away from the question of LGBT rights that’s a danger to every American citizen,” Belkin said. “Sept. 20 is about the cultural change for the military and the political change for gay and lesbian troops … but I would say, even more importantly, it’s a moment when truth and fairness trumped paranoia, and that’s just critical.”
Jeff Krehely, director of the LGBT research and communications project at the Center for American Progress, said allowing open service will be significant for many Americans.
“‘Don’t Ask, Don’t Tell’ repeal is huge and tremendous, but I think there are much larger implications for society because a lot of people really respect the military,” Krehely said.
Observers agree the process that led to the end of “Don’t Ask, Don’t Tell” will have a lasting impact as well.
Alex Nicholson, executive director of Servicemembers United, said the training in which service members have been participating will have significant influence on the perspective with which troops — and the American public at large — view gay and lesbian people.
“They really took the time to train and educate the force on the various assets of this policy and hypotheticals,” Nicholson said. “It was an hour of instruction on gays and lesbians, on gay families, on gay partners and it was a really a normalization routine. It was really exposed to millions of America’s most conservative youth to the normality of gays and lesbians.”
Among the situations that the training addressed, Nicholson said, were gay troops holding hands, going on dates or participating in military events with their partners. Nearly 2 million service members received the “Don’t Ask, Don’t Tell” training before certification took place on July 22, according to the Pentagon.
Workplace discrimination against LGBT people could be an issue that gains new focus after “Don’t Ask, Don’t Tell” repeal. No federal law exists to protect LGBT workers against discrimination. Firing someone for being gay is legal in 29 states and firing someone for being transgender is legal in 35 states.
Krehely said open service could generate support for the Employment Non-Discrimination Act, which would prohibit discrimination against LGBT workers in most situations in the public and private workforce, or encourage other employers to add protections for LGBT workers.
“The military is probably one of the biggest and most visible workplaces in our country,” Krehely said. “I think Sept. 20 is a clear indication that this discrimination should not be there any longer, and that we need to move forward on ENDA, and educate people about the broader workplace issues that we’re up against.”
Despite the potential for long-term impact, advocates say the change resulting in the end of “Don’t Ask, Don’t Tell” won’t be immediately apparent and any impact of any lifting the gay ban will be more drawn out.
Krehely said the end of “Don’t Ask, Don’t Tell” next week won’t mean the “world changes necessarily” on Tuesday.
“I think that it’s just people who want to serve their country will want to do that without living in fear,” Krehely said. “That’s the biggest change. It may not be visible, but it’s really important to those people and it’s really important to the military itself.”
Nicholson predicted Tuesday will be a “non-event” and said many gay service members will choose not to come out even though they won’t be in danger of dismissal now that the military’s gay ban is off the books.
“I think you’ll see a good number of them who decide not to come out,” Nicholson said. “I think the post-repeal military is going to resemble any conservative American workplace where individuals judge their willingness and their comfort level in coming out.”
According to the most recent findings from the Williams Institute at the University of California in Los Angeles, an estimated 48,500 lesbians, gay men and bisexuals serve on active duty or in the ready reserve in the U.S. military, while an additional 22,000 are in standby and retired reserve forces. These 70,500 service members make up 2.2 percent of the total force.
But what will happen to those service members who choose to be public about their sexual orientation? Will service members patronize their local gay bars while in uniform? Will Pride parades include contingents of openly gay troops?
Some gay troops have already started brandishing their military credentials during Pride celebrations. In July, about 200 active-duty troops and veterans marched in San Diego’s Pride parade. They weren’t wearing uniforms, but T-shirts indicating their branch of service. The event was the first time a military contingent participated in a Pride celebration in the United States.
Nicholson said that the standards that apply to straight service members with regard to uniforms will also apply to gay troops — so wearing the uniform may not be appropriate in some circumstances.
“Unless it’s some unusual circumstances, service members don’t wear their uniforms out to the bar,” Nicholson said. “I can pretty much guarantee that violations of long-standing and well-understood regulations like that for the sake of publicity is going to be frowned upon by gay troops because the community consensus is they want to blend in like everyone else and not have any special treatment.”
Nonetheless, gay troops will undoubtedly be visible in the post-repeal world. Belkin said the higher visibility of gay troops — and their relationships — following the end of “Don’t Ask, Don’t Tell” will add to the political pressure to advance the fight for same-sex marriage.
“We’re going to see gay and lesbian service members coming back from the Middle East and talking about the importance of marriage equality, and, very tragically, we’re going to see gay and lesbian service members fall in the battlefield and their partners, husbands and wives will not be dealt any benefits their straight counterparts have,” Belkin said. “That is going to illustrate for the public in a much more vivid way the stakes of the marriage debate.”
What’s the next frontier for those who worked to repeal “Don’t Ask, Don’t Tell?” Securing benefits for gay and lesbian troops is the next step advocates plan to take after the gay ban is lifted from the books.
The Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, prevents the military from offering benefits to gay troops, such as health care benefits. But other benefits related to housing and legal services could be changed administratively.
Krehely said benefits for gay troops will be among the issues advocacy groups will be pushing for in the post-repeal world.
“I think that there are still some implementation issues that need to be worked out in terms of benefits and housing, and I think that’s something advocacy organizations and research groups are going to keep trying to make some progress on,” Krehely said.
Tennessee
Tenn. lawmakers pass transgender “watch list” bill
State Senate to consider measure on Wednesday
The Tennessee House of Representatives passed a bill last week to create a transgender “watch list” that also pushes detransition medical treatment. The state Senate will consider it on Wednesday.
House Bill 754/State Bill 676 has been deemed “ugly” by LGBTQ advocates and criticized by healthcare information litigators as a major privacy concern.
The bill would require “gender clinics accepting funds from this state to perform gender transition procedures to also perform detransition procedures; requires insurance entities providing coverage of gender transition procedures to also cover detransition procedures; requires certain gender clinics and insurance entities to report information regarding detransition procedures to the department of health.”
It would require that any gender-affirming care-providing clinics share the date, age, and sex of patients; any drugs prescribed (dosage, frequency, duration, and method administered); the state and county; the name, contact information, and medical specialty of the healthcare professional who prescribed the treatment; and any past medical history related to “neurological, behavioral, or mental health conditions.” It would also mandate additional information if surgical intervention is prescribed, including details on which healthcare professional made a referral and when.
HB 0754 would also require the state to produce a “comprehensive annual statistical report,” with all collected data shared with the heads of the legislature and the legislative librarian, and eventually published online for public access.
The bill also reframes detransitioning as a major focus of gender-affirming healthcare — despite studies showing that the number of trans people who detransition is statistically quite low, around 13 percent, and is often the result of external pressures (such as discrimination or family) rather than an issue with their gender identity.
This legislation stands in sharp contrast to federal protections restricting what healthcare information can be shared. In 1996, Congress passed the Health Insurance Portability and Accountability Act, or HIPAA, requiring protections for all “individually identifiable health information,” including medical records, conversations, billing information, and other patient data.
Margaret Riley, professor of law, public health sciences, and public policy at the University of Virginia, has written about similar efforts at the federal level, noting the Trump-Vance administration’s push to subpoena multiple hospitals’ records of gender-affirming care for trans patients despite no claims — or proof — that a crime was committed.
It has “sown fear and concern, both among people whose information is sought and among the doctors and other providers who offer such care. Some health providers have reportedly decided to no longer provide gender-affirming care to minors as a result of the inquiries, even in states where that care is legal.” She wrote in an article on the Conversation, where she goes further, pointing out that the push, mostly from conservative members of the government, are pushing extracting this private information “while giving no inkling of any alleged crimes that may have been committed.”
State Rep. Jeremy Faison (R-Cosby), the bill’s sponsor, said in a press conference two weeks ago that he has met dozens of individuals who sought to transition genders and ultimately detransitioned. In committee, an individual testified in support of the bill, claiming that while insurance paid for gender-affirming care, detransition care was not covered.
“I believe that we as a society are going to look back on this time that really burst out in 2014 and think, ‘Dear God, What were we thinking? This was as dumb as frontal lobotomies,’” Faison said of gender-affirming care. “I think we’re going to look back on society one day and think that.”
Jennifer Levi, GLAD Law’s senior director of Transgender and Queer Rights, shared with PBS last year that legislation like this changes the entire concept of HIPAA rights for trans Americans in ways that are invasive and unnecessary.
“It turns doctor-patient confidentiality into government surveillance,” Levi said, later emphasizing this will cause fewer people to seek out the care that they need. “It’s chilling.”
The Washington Blade reached out to the American Civil Liberties Union of Tennessee, which shared this statement from Executive Director Miriam Nemeth:
“HB 754/SB 676 continues the ugly legacy of Tennessee legislators’ attacks on the lives of transgender Tennesseans. Most Tennesseans, regardless of political views, oppose government databases tracking medical decisions made between patients and their doctors. The same should be true here. The state does not threaten to end the livelihood of doctors and fine them $150,000 for safeguarding the sensitive information of people with diabetes, depression, cancer, or other conditions. Trans people and intersex people deserve the same safety, privacy, and equal treatment under the law as everyone else.”
National
Glisten’s 30th annual Day of Silence to take place April 10
Campaign began as student-led protests against anti-LGBTQ bullying, discrimination
Glisten’s 30th annual Day of Silence will take place on April 10.
The annual Day of Silence began as a student-led protest in response to bullying and discrimination that LGBTQ students face. It is now a national campaign for the LGBTQ community and their allies to come together for LGBTQ youth.
It takes place annually and has multiple ways for supporters to get involved in the movement.
Glisten, originally GLSEN, champions LGBTQ issues in schools, grades K-12. Glisten’s mission is to create more inclusive and accepting environments for LGBTQ students through curriculum, supportive measures, education campaigns, and engagement, such as the Day of Silence.
There are three main ways for the community to get involved in the Day of Silence.
Glisten has a Day of Silence frame, a series of pictures used as profile photos across social media that feature individuals holding signs. The signs allow for personalization, by providing a space to put the individual’s name, followed by filling in the prompt “ … and I am ENDING the silence by…”
Participants are encouraged to post the photo on social media and use it as a profile picture. The templates can be found on Google Drive through this link.
Using #DayOfSilence and #NSCS, as well as tagging Glisten’s official Page @glistencommunity, is another way to participate in the Day of Silence.
Glisten also encourages participants to tag creators, friends, family and use a call to action in their caption, to call attention to the facts and stories behind the Day of Silence.
“Today’s administration in the U.S. wants us to stay silent, submit to their biased and hurtful conformity, and stop fighting for our right to be authentically ourselves,” said Glisten CEO Melanie Willingham-Jaggers. “We urge supporters to use their social platforms and check in with local chapters to be boots on the ground to help LGBTQ+ students feel seen, heard, supported, and less alone. By participating in the ‘Day of Silence,’ you are showing solidarity with young people as they navigate identity, safety, and belonging. Our voices matter.”
South Carolina
Man faces first S.C. ‘hate intimidation’ charge
Timothy Truett allegedly shot at gay club in Myrtle Beach on April 1
A South Carolina man remains in custody on a more than $300,000 bond after he allegedly opened fire at a Myrtle Beach nightclub on April 1, according to WMBF.
Reports say 37-year-old Timothy James Truett Jr., of Clover, S.C., was detained by the Myrtle Beach Police Department after the April 1 incident outside Pulse Ultra Club. He was later arrested and charged with possession of a weapon during a violent crime, discharging a firearm into a dwelling, discharging a firearm within city limits, malicious injury to real property valued over $5,000, and assault or intimidation due to political opinions or the exercise of civil rights.
At 10:57 a.m. on April 1, officers responded to a call about a possible shooting at Pulse Ultra Club, located in the 2700 block of South Kings Highway.
In an affidavit released later, the club’s owner, Ken Phillips, said he was doing paperwork that morning when he heard “five or six” gunshots. He went outside and found a window and the windshield of his SUV shattered by bullets. An SUV with blue plastic covering one window was left at the scene.
Police later reviewed footage that showed a silver vehicle stopping in the middle of the road. The video appeared to capture muzzle flashes coming from the passenger-side window.
According to the affidavit, an officer later pulled over a vehicle driven by Truett and found spent shell casings in the back seat, along with a gun.
Documents do not detail why Truett was ultimately charged under the state law covering assault or intimidation tied to political opinions or the exercise of civil rights.
As of April 1, records show Truett is being held in Horry County on a combined bond of more than $312,000.
WMBF spoke with Phillips after the incident and asked whether there was any prior conflict that might have led to the shooting.
“I don’t know if it’s personal, I don’t know if it’s related to being gay, I don’t know if it’s related to the bar issues,” Phillips told WMBF. “Anybody with a mindset of pulling out a weapon in broad daylight is not right.”
“My primary concern has and always will be the safety of my community and my customers,” he added. “It’s given me great concern … as to how far people will go.”
WMBF also spoke with Adam Hayes, vice chair of Myrtle Beach’s Human Rights Coalition, who was involved in pushing for the ordinance. He said that while the incident itself is troubling, it shows the policy is being put to use.
The ordinance is intended to deter “crimes that are motivated by bias or hate towards any person or persons, in whole or in part, because of the actual or perceived” identity, in the absence of a statewide hate crime law.
“It’s nice to see that something we put into policy is not just a piece of paper, that it’s actually being used,” said Hayes.
He said the shooting underscores the need for a statewide hate crime law in South Carolina and added that the incident has left the local LGBTQ community shaken.
South Carolina and Wyoming are the only two states in the U.S. without a comprehensive statewide hate crime law.
Truett remains in jail as of publication.
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